1. The Laws of New York
  2. Consolidated Laws
  3. General Business
  4. Article 35-C: Operation of Pet Cemeteries and Pet Crematoriums


Section 750-F Licenses; display; renewal; duplicates

General Business (GBS)

1. All licenses shall be for a period of two years.

  2. No license shall be assignable or transferable except as hereinafter provided.

  3. A license to conduct the business of operating a pet cemetery or pet crematorium issued to an individual may be assigned or transferred for the remainder of the license period to a partnership or corporation if such individual is a member of such partnership or an officer of such corporation at the time of such assignment or transfer. A license issued to a partnership may be assigned or transferred for the remainder of the license period to any one member of such partnership, provided he obtains the consent of all of the other members of such partnership. A license issued to a corporation may be assigned or transferred for the remainder of the license period to any officer of the corporation, provided he obtains the consent of all of the other officers of such corporation. The application for such transfer or assignment must be accompanied by the requirements of section seven hundred fifty-e of this article and by proof satisfactory to the department that the requirements herein provided have been complied with. No assignment or transfer shall become effective unless and until the endorsement has been made on the face of the license by the department and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made without payment of any fee. A bona fide purchaser of such business from the holder of the license thereof may continue to use the license of the seller from the date of the sale, provided there is endorsed on the face thereof the name of the purchaser, the date of the sale, and the signature of the seller and the purchaser; and provided further within five days from the date of the sale, an application, in accordance with the provisions of this article, shall be presented by the purchaser to the secretary of state for a license to conduct the business of operating a pet cemetery or pet crematorium. Such license shall be valid until the purchaser's license application is either granted or denied by the secretary of state.

  4. A license to conduct the business of operating a pet cemetery or pet crematorium issued to an individual or to a partnership may be used after the death of the licensed individual or co-partner by his next of kin or duly appointed administrator or executor in the name of the estate from the date of death of such individual or co-partner, provided that there is endorsed upon the face of the license after the name of the decedent the word "deceased", the date of death and the name of the next of kin, administrator or executor under whose authority the license is being used, provided that within thirty days from the date of death of the licensee, an application, in accordance with the provisions of this article, shall be presented by the next of kin, administrator or executor to the secretary of state for a license to conduct the business of operating a pet cemetery or pet crematorium. Such license shall be valid until the next of kin's, administrator's or executor's license application is either granted or denied by the secretary of state.

  5. A license to conduct the business of operating a pet cemetery or pet crematorium shall be conspicuously posted upon the premises where the licensee is engaged in the business of operating a pet cemetery or pet crematorium.

  6. Any license which has not been suspended or revoked, may, upon the payment of the renewal fee prescribed by this article, be renewed for additional periods of two years from its expiration, upon the filing of an application for such renewal, on a form to be prescribed by the secretary of state.

  7. Any person failing to file application and fee for renewal of a license to conduct the business of operating a pet cemetery or pet crematorium within forty-five days immediately following the expiration of his or her last license shall pay an additional fee of sixty dollars, and if he or she fails to file application and fee for renewal within ninety days he or she shall be ineligible for such license until he or she shall have again met the requirements set forth in this article.

  8. A duplicate license may be issued for one lost, destroyed or mutilated upon application therefor on a form prescribed by the secretary of state and the payment of the fee prescribed therefor by this article. Each such duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the one it replaces.

  9. Notice in writing shall be given the secretary of state within thirty days at his or her office in Albany by the holder of a license to conduct the business of operating a pet cemetery or pet crematorium of any change in address of the business or residence of the person engaged in the business of operating a pet cemetery or pet crematorium together with the return of license, whereupon a properly signed endorsement will be made on the face of the license as to such change and the license then returned to the licensee. A change of address by a licensee without such notice and endorsement of license shall operate to cancel the license.